Hardeep Singh v. State of Punjab, (2014) 3 SCC 92 held, if an interpretation leads to a conclusion that the word used by Legislature is redundant, it should be avoided as the presumption is Legislature has deliberately and consciously used the word for carrying out the purpose of the Act. The legal maxim ‘a verbis […]
Read more "A Verbis Legis Non Est Recedendum"Over the last five decades, several decisions have dealt with the fundamental issue of when the process of an examination can stand vitiated. Essentially, the answer to the issue turns upon whether the irregularities in the process have taken place at a systemic level so as to vitiate the sanctity of the process. There are […]
Read more "The Revival of Ray LXIII"The expression ‘copyright’ has to be understood only as is stated in Section 14 and not otherwise. It is an exclusive right, which is negative in nature, being a right to restrict others from doing certain acts. The ownership of copyright in a work is different from the ownership of the physical material in which […]
Read more "The Copyright Act, 1957"Section 31(1) is couched in mandatory terms. There can be no finality of Arbitral Award, except after it is signed, since signing of the Award gives legal effect and validity to it. The usage of the term ‘shall’ makes it a mandatory requirement. It is not merely a ministerial act, or an empty formality which […]
Read more "Section 31(5) of The Arbitration Act"A reading [State of Assam v. Ranga Mahammad, (1967) 1 SCR 454; Jagdish Chander Gupta v. Kajaria Traders (India) Ltd., (1964) 8 SCR 50; Rajasthan State Electricity Board v. Mohan Lal, (1967) 3 SCR 377; CBI v. Braj Bhushan Prasad, (2001) 9 SCC 432; Godfrey Phillips India Ltd. v. State of U.P., (2005) 2 SCC […]
Read more "Civil Sheep & Criminal Wolf"Where a High Court construes a local statute, ordinarily deference must be given to High Court Judgments in interpreting such a statute, particularly when they have stood the test of time [State of Gujarat v. Zinabhai Ranchhodji Darji, (1972) 1 SCC 233 at Paragraph 10; Bishamber Dass Kohli v. Satya Bhalla, (1993) 1 SCC 566 […]
Read more "Interpretation of Local Statutes by High Courts / The Revival of Ray LXII"“In every case where a statute inflicts a penalty for doing an act, though the act be not prohibited, yet the thing is unlawful, because it is not intended that a statute would inflict a penalty for a lawful act. It is a question of construction in each case whether the Legislature intended to prohibit […]
Read more "The Revival of Ray LXI"One of the meanings of the expression ‘inconsistent’, as approved by this Court, is: mutually repugnant or contradictory. Constitution itself has used the words ‘inconsistency’ and ‘repugnancy’ interchangeably. Things are inconsistent when they cannot stand together at the same time and one law is inconsistent with another law when the command or power or provision […]
Read more "The Question of Apparent Conflict"25.03.2020 – The Disaster Management Act, 2005 was invoked in India, for the first time, to tackle the COVID-19 pandemic that was then in its initial stages of spreading. LOCKDOWNS varied in scope and nature, depending on the situation on the ground. Disasters are testing times for institutions and individuals, processes and procedures, and policies […]
Read more "Examination of Disasters"Unfortunately, there is no substantive domestic legislation or sector-specific regulations which may throw light upon the issue of whether banks are responsible for loss of articles placed inside the locker. This requires factual findings on knowledge of the contents of the locker; or whether the locker holder had prepared any receipt or inventory of the […]
Read more "The Hurt Locker"The provisions of Section 89 of The Code of Civil Procedure, 1908 must be understood in the backdrop of longstanding proliferation of litigation in Civil Courts, which has placed undue burden on the judicial system, forcing speedy justice to become a casualty. The purpose, being sacrosanct and imperative for effecting timely justice in Indian Courts, […]
Read more "Section 89 of The Code of Civil Procedure, 1908"Two-Judge Bench in ABL International Ltd. v. Export Credit Guarantee Corporation of India, (2004) 3 SCC 553 analyzed a long line of precedent [K.N. Guruswamy, AIR 1954 SC 592; Gujarat State Financial Corporation, (1983) 3 SCC 379; Gunwant Kaur, (1969) 3 SCC 769] to conclude, Writs under Article 226 are maintainable for asserting contractual rights […]
Read more "Writ Jurisdiction in Contractual Arena I"“Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man for the representation is in some sort identified by the law with him who he represents.” In Chiranjilal Shrilal Goenka, (1993) 2 SCC 507 the primary question arose, whether an Arbitrator appointed by Court, by consent of parties, […]
Read more "The Proof of Valid Wills III"See, Bennion on Statutory Interpretation, 5th Edition. The concept of ‘absurdity’ in the context of interpretation of statutes is construed to include any result which is unworkable, impracticable, illogical, futile or pointless, artificial, or productive of a disproportionate counter mischief. Logic referred to herein is not formal or syllogistic logic, but acceptance that enacted law […]
Read more "Cadaveric Consequences in Interpretation"We may refer to Division Bench Judgment of Nagpur High Court reported in Bipin Singh Choudhary, AIR 1945 Nagpur, Oudh, Peshawar & Sind 104 where Division Bench consisted of Justice Vivian Bose. The ratio is, in event people holding public office abuse their position, it becomes a matter of great public concern. We fully endorse […]
Read more "Compensatory Jurisprudence of Constitutional Courts XI : Custodial Violence I"My Lord, Appeal under Section 37(1)(c) would be maintainable against an Order refusing to condone delay in filing an Application under Section 34? Yes. It is important to note, the expression “setting aside or refusing to set aside” an Arbitral Award has to be read with the expression “under Section 34”. A refusal to set […]
Read more "Section 37 of The Arbitration Act II"Trial Court completely overlooked and failed to appreciate statutory presumption drawn under Section 118 and Section 139, a point of law notably crystalized in Rohitbhai Jivanlal Patel v. State of Gujarat, (2019) 18 SCC 106. Trial Court ought to have presumed, cheque was issued as consideration for a legally enforceable debt, once signatures were admitted. […]
Read more "Rebuttable Presumption III"“It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner. And if the rightful owner does not come forward and assert his title by the process of […]
Read more "The True Owner"Hakeem Khan v. State of Madhya Pradesh, (2017) 5 SCC 719 considered powers of Appellate Court for interference in cases where acquittal is recorded by Trial Court. It was held, so long as view of Trial Court can be reasonably formed, regardless of whether High Court agrees with same or not, verdict of Trial Court […]
Read more "Illegal Gratification II"A transaction which is sham or collusive would only create an illusion that money has been disbursed to a borrower with the object of receiving consideration – when in fact the parties have entered into the transaction with a different or an ulterior motive. In other words, the real agreement between the parties is something […]
Read more "Sham Transactions"
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